Court for Administrative Matters - Repealed: Law concerning Bavarian otters
The German court has decided that the policy allowing for the hunting of otters is invalid. This regulation aimed to permit the killing of these protected creatures in specific circumstances to safeguard the pond industry. This decision comes off the back of a temporary suspension of the ordinance, which had been in effect since 2023.
The court's ruling left the way open for a possible appeal by the state government, a move which was implied but not explicitly stated. However, the state's Attorney General's Office mentioned that they were currently developing a new regulation. The case was initiated by two NGO's, Fischotterschutz and Bund Naturschutz, alongside the Deutsche Umwelthilfe (DUH). At the hearing, both sides expressed their interest in collaboration.
Matthias Geng from Aktion Fischotterschutz publicly criticized the shooting ordinance as "a farce for a strictly protected species that's now starting to make a comeback after decades of extinction." He added that effective solutions such as appropriate funding for near-natural management or preventative measures like diversion ponds and fences would be more beneficial.
Sascha Müller-Kraenner, the Federal Managing Director of DUH, accentuated, "It should not have come to this lawsuit at all. It has not even been proven that the killings would have prevented serious damage to pond management."
Peter Rottner, the Bavarian regional managing director for Bund Naturschutz, commented, "Losses in the pond industry have several causes and are increasing, not just due to the climate crisis. Instead of blaming the otter and shooting it under ineffectual measures, the state government should focus on supporting the industry as a whole." Rottner referred to increased basic funding for fish ponds and the promotion of biodiversity coordinated by both nature conservation organizations and the pond industry during a round table meeting on the biodiversity petition in 2019.
The new otter regulations would have allowed for the killing of otters under specific circumstances, particularly in Lower Bavaria and the Upper Palatinate, but not in Neumarkt district. The annual maximum number of animals to be killed was set at 32.
The Administrative Court judged that this regulation was unlawful as it failed to solicit input from the Nature Conservation Association prior to the decree. The court's decision noted that "it cannot be ruled out that the content of the ordinance would have been different if the associations had been involved." It also criticised the approach to determining the annual kill quota through a subordinate authority.
The Bavarian Fisheries Association had previously shown support for downgrading the otter's legal status and referred to Austria, which has allowed removals of otters since it has a favorable national conservation status. Germany does not possess the same status, making such shootings impossible in the region. The commission called for a reconsideration of the otter's status as it is rapidly spreading under the current absolute protection laws.
Admin Court Information
Read also:
- Law enforcement agencies in various metropolises plan expansive measures for May 1.
- Berlin Transport Senator Schreiner Steps Down over Doctorate Issues
- The SPD party expresses dismay as von der Leyen's remarks fuel right-wing support.
- Prolonged Imprisonment Following Partner's Strangulation and Burning in Munich
Source: www.stern.de
